csgb-rules-book.pdf - central sikh gurdwara board

60
CENTRAL SIKH GURDWARA BOARD RULES & ACT 1987 CENTRAL SIKH GURDWARA BOARD

Upload: khangminh22

Post on 16-Jan-2023

0 views

Category:

Documents


0 download

TRANSCRIPT

1

Central Sikh Gurdwara Board

Rules & Act 1987

Central Sikh Gurdwara Board

2Central Sikh Gurdwara Board2 Towner Road, Singapore 327814.

Email: [email protected] sg

1

1

Central Sikh Gurdwara Board2 Towner Road, Singapore 327814.

Email: [email protected] sg

2

2

3

3

4

4

5

5

6

6

7

7

8

8

9

9

10

10

11

11

12

12

13

13

14

14

15

15

16

16

17

17

JESWANT SINGH BANDAL

PRESIDENT

CENTRAL SIKH GURDWARA BOARD

SINGAPORE

18

18

19

19

20

19

21

21

22

22

23

23

24

24

25

25

26

26

27

27

28

28

29

29

30

30

31

31

32

32

33

33

Incorporation of Board

(1) There shall be constituted in Singapore a body corporate

under the name of the Central Sikh Gurdwara Board (referred

to in this Act as the Board).

(2) The Board may sue and be sued in its said name and shall

have perpetual succession and a common seal which seal

the Board may from time to time alter or make anew as it

shall see fit to do.

(3) All deeds, documents and other instruments requiring the

seal of the Board shall be sealed with the common seal of

the Board in the presence of the President, the Treasurer and

the Secretary of the Board, and shall be signed by the

President, the Treasurer and the Secretary of the Board. Such

signing shall be taken as sufficient evidence of the due sealing

of those deeds, documents and other instruments.

Constitution of Board

(1) The Board shall consist of such number of members who are

elected at an annual general meeting by persons whose names

appear on the Membership Register maintained by the Board

under section 5.

CENTRAL SIKH GURDWARA BOARD ACT

(CHAPTER 357)

Short title

1. This Act may be cited as the Central Sikh Gurdwara Board Act.

2.

3.

34

34

(2) Every elected member of the Board shall hold office for a

term of two years, but may continue in office until the election

of his successor in office.

(3) No person shall be elected or appointed as a member of the

Board unless he is a citizen of Singapore and his name is on

the Membership Register maintained by the Board under

section 5.

(4) Members of the Board shall be eligible for re-election or re-

appointment.

Act 6/87 wef. 1.3.87. Vide. S 56/87

Officials of Board

(1) The Board shall elect a President, a Treasurer and a Secretary

and may elect such other officials as it may consider

necessary, all of whom shall be from among the members of

the Board except that no member of the Board shall hold

office as a Treasurer for more than two years consecutively.

(2) The persons so elected under subsection (1) are in this Act

referred to as officials of the Board.

Membership Register

The Board shall maintain a register (referred to in this Act as

the Membership Register) containing the names and other

particulars of persons who profess the Sikh faith.

Act 6/87. wef. 1.3.87

4.

35

35

Vacation of office of member of Board

6. If any member of the Board dies, resigns or otherwise vacates

his office before the expiry of his term, the remaining

members of the Board shall appoint a person to fill the

vacancy for the residue of the term for which his predecessor

was elected.

Act 6/87. wef. 1.3.87

Duties of Board

(1)The Board shall act in accordance with the terms of resolutions

passed at meetings of the Board. At any such meeting 50%

of the members present shall form a quorum. No business

shall be transacted unless a quorum is present.

Act 6/87.

(2) Notwithstanding subsection (1), the Board shall be bound

by and shall give effect to any resolution that may be passed

at any general meeting of persons whose names are on the

Membership Register.

Meetings of Board

(1) The President of the Board shall preside at all meetings of

the Board. If the President of the Board is not present at any

meeting, the members present at the meeting shall elect one

of their number to preside at the meeting.

(2) Resolutions of the Board shall be in accordance with the

votes of the majority of the members present. In the event of

7.

8.

36

36

an equality of votes, the President of the Board or the person

presiding at the meeting shall have a casting vote.

Board may exercise powers despite vacancy

9. The Board may at all times exercise all its powers and carry

out all its duties under this Act notwithstanding that there

shall be any vacancy or vacancies in the membership of the

Board.

Minutes

(1) The Secretary of the Board shall keep minutes of all meetings

of the Board and at every meeting the minutes of the previous

meeting, which shall have been previously circulated to

members of the Board, shall be confirmed, subject to any

amendment which may be required.

(2) The minutes referred to in subsection (1) shall be entered in

the minute book of the Board and shall include a full record

of every resolution of the Board.

Act 6/87.

Disqualifications for membership of Board

11. No person shall be elected or appointed or shall continue to

hold office as a member of the Board if:

(a) he is an undischarged bankrupt or suspends payment to, or

makes any arrangement or composition with, his creditors;

10.

37

37

(b) he has been sentenced to imprisonment for a term of not less

than 6 months and has not received a free pardon; or

(c) a resolution is passed at an extra-ordinary general meeting

of those persons whose names appear on the Membership

Register calling for the removal of such member from office.

Act 6/87. wef. 1.3.87.

Powers of Board

12. The Board may

(a) acquire, purchase, lease, hold and enjoy movable and

immovable property of every description for use in

connection with any temple except that the Board shall not

exercise such powers in regard to immovable property

without a resolution being first passed at a general meeting

of persons whose names are on the Membership Register;

(b) sell, exchange, convey, assign, surrender, mortgage, demise,

reassign, transfer or otherwise dispose of and deal with any

of such property except that the Board shall not exercise such

powers in regard to immovable property without a resolution

being first passed at a general meeting of persons whose

names are on the Membership Register;

(c) erect such buildings on land belonging to the Board or on

land acquired by the Board as may appear to the Board

necessary or desirable for the purposes of any temple or for

use in connection therewith; and

38

38

(d) raise funds by means of voluntary subscriptions for the

purposes of exercising its powers, performing its duties and

discharging its obligations under this Act.

Funds of Board

(1)All funds belonging to the Board shall be kept in a bank or

banks as may be approved by the Board.

(2)The Board's funds shall be preserved, invested, utilised,

disposed of and paid out in accordance with the resolutions

passed under section 8 (2) and with any rules made under

section 16.

Accounts

(1) The Board shall at least once in every year prepare an account

of the funds and other property of the Board and of the way

in which such funds and other property have been utilised

and disposed of.

(2) All such accounts shall be signed by the Treasurer of the

Board and shall be audited by two persons whose names are

on the Membership Register and have been elected to serve

as such at the biennial general meeting of persons whose

names are on the Membership Register.

Act 6/87.

Liability of members of Board

15. No member of the Board shall be personally liable for or in

connection with any act or omission done or committed in

13

14

39

39

good faith and without gross negligence as such member of

the Board nor for any debt, liability, act or omission of the

Board.

Rules

16. The Board may make rules not inconsistent with the provisions

of this Act for all or any of the following purposes:

(a) to regulate the keeping, revision and publication of the

Membership Register, and to prescribe the conditions

required to be complied with, including the payment of fees,

to entitle a person to have his name entered on the

Membership Register;

(b) to regulate the election of members of the Board, and to

provide for the declaration and publication of the results of

such election;

(c) to regulate the calling and conduct of general meetings of

persons whose names are on the Membership Register, and

the procedure in the transaction of business thereat;

(d) to regulate the election of officials of the Board and to provide

for the declaration and publication of the results of that

election;

(e) to regulate the proceedings of the Board, the calling of

meetings and the procedure for the transaction of business;

(f) for the appointment of sub-committees;

(g) to regulate the appointment, conduct, dismissal and

40

40

remuneration of granthis or priests, ragis or musicians, and

such other religious personnel as the Board may think fit;

(h) to allocate duties to and to regulate the executive power of

the Board, sub-committees and officials of the Board;

(i) to regulate the keeping, audit, presentation and publication

of accounts, including quarterly accounts; and to provide for

the inspection of accounts by persons whose names are on

the Membership Register;

(j) to regulate the conduct of religious services and other

ceremonies customary among the followers of the Sikh

religion;

(k) to regulate the admission of boarders, inmates or visitors;

(l) to regulate the appointment, conduct, dismissal and

remuneration of servants of the Board;

(m) to regulate the use of any portion of the land and premises

vested in the Board for the purposes of education; and

(n) generally to carry out the purposes of this Act.

Act 6/87.

Service of documents

17. Any writ of summons or other legal process and any notice

may be served on the Board by serving it on an official of

the Board or by leaving it at, or sending it by registered post

41

41

to, the Central Sikh Temple, Singapore.

Saving of other rights

18. Nothing in this Act shall affect the rights of the Government

or of any bodies politic or corporate or of any other persons,

except such persons as are mentioned in this Act and those

claiming by, from or under them.

Vesting of property in Board

19. Upon the commencement of this Act, all property, movable

and immovable, vested in the Queen Street Gurdawara Board

of Trustees (Incorporated) and the Silat Road Gurdwara

Board of Trustees (Incorporated) (referred to in this Act as

the former Boards) for purposes relating to the Sikh religion

or on trust for religious or charitable purposes for the benefit

of persons professing the Sikh religion shall vest in the Board

without further assurance for the like title, estate or interest

and in the like tenure and for the like purposes as the same

was vested or held immediately before the commencement

of this Act.

Transitional provision

(1) Notwithstanding the repeal of section 3 of the principal Act,

members of the Central Sikh Gurdwara Board holding office

immediately prior to the commencement of the Central Sikh

Gurdwara Board holding office immediately prior to the

commencement of the Central Sikh Gurdwara Board

(Amendment) Act 1987 shall continue to hold office until

new members of the Board are elected in accordance with

19

42

42

section 3 of the principal Act as amended by this Act.

(2) The members of the existing Central Sikh Gurdwara Board

appointed by the Minister under section 3 (4) of the principal

Act shall, within 6 months of the commencement of the

Central Sikh Gurdwara Board (Admendment) Act 1987,

convene a general meeting of those persons whose names

are on the Membership Register for the purpose of electing

new members of the Board.

(3) The first two auditors appointed by the Minister immediately

prior to the commencement of the Central Sikh Gurdwara

Board (Amendment) Act 1987 shall continue to hold office

until new auditors are elected in accordance with section 14

(2) of the principal Act as amended by this Act.

ACT 6/87 WEF 1.3.87

Transitional provision

(1) Subject to subsection (2), every agreement, whether in writing

or not, to which any of the former Boards was a party

immediately before the commencement of this Act, and

whether or not of such nature that the rights and liabilities

thereunder could be assigned, shall have effect as from the

commencement of this Act as if

(a) the Board had been a party to such an agreement; and

(b) for any reference (however worded and whether expressed

or implied) to the former Boards there were substituted in

respect of anything to be done on or after the commencement

20

43

43

of this Act a reference to the Board.

(2) The appointment of any officer or employee of the former

Boards subsisting immediately before the commencement

of this Act shall, if that officer or employee so agrees, be

deemed to be made by the Board, and for the purpose of

determining the rate of pension and gratuities on retirement

the service of that officer or employee shall be regarded as

continuous from the time he was appointed by the former

Boards.

(3) Where anything has been commenced by or under the

authority of the former Boards before the commencement of

this Act, that thing may be carried on and completed by or

under the authority of the Board.

(4) All rights, obligations and liabilities which immediately

before the commencement of this Act were vested in or

incurred by the former Boards shall pass by succession to

the Board, and the Board shall have all powers necessary to

recover and deal with those rights and discharge those

obligations and liabilities.

Central Sikh Gurdwara Board Act (CHAPTER 357)

44

44

1. STANDING ORDERS

1.1. The President of the Board shall be the Chairman at the

Biennial General Meeting for all items on the Agenda

(and shall have a casting vote in the event of a tie on any

matters requiring a vote count) EXCEPT for the item on

election of new Council members, which shall be

conducted by the Elections Chairman. In the President’s

absence, the selection of the Chairman for the BGM shall

be done in the following sequence:

1.1.1. Vice President of the Board

1.1.2. Chairman of either Central Sikh Temple, Silat

Road Sikh Temple and Sikh Centre

1.1.3. Any other person elected by the members

present at the BGM

1.2. Unless one quarter of the total number of members or

100 members, whichever is lesser, are present at the time

prescribed for the commencement of the meeting, the

meeting shall be adjourned for half an hour. At the end

of the half hour, those members present at the adjourned

meeting shall form a quorum.

1.3. At the adjourned meeting, members present shall have no

power to alter, amend or make additions to any of the

existing rules.

1.4. Once the meeting is called to order, all members will co-

operate with the Chairman to help him conduct the

proceedings in a peaceful and orderly manner.

1.5. All questions submitted will be read by the Chairman.

CENTRAL SIKH GURDWARA BOARD

BIENNIAL GENERAL MEETING

Standing Orders & Election Procedures

45

45

Answers will be given by the Chairman or by the person

authorized by him to do so.

1.6. The person who submitted the question will be allowed

to speak once after the Chairman has replied.

1.7. Members are to identify themselves and seek permission

from the Chairman before they speak and shall not

interrupt others who have the floor.

1.8. The ruling of the Chairman shall be final.

1.9. If any member disobeys the above rules or behaves in a

disorderly manner, then the Chairman has the authority

to request the member to leave the meeting; and if the

member refuses to comply with the ruling from the Chair,

he will be ruled out of the meeting.

2. ELECTION OF COUNCIL MEMBERS

2.1. ELIGIBILITY CRITERIA

Only members who meet the following criteria shall be eligible

to stand for election to the Council:

2.1.1. Not less than 21 years of age as at 1st January

of that year

2.1.2. Citizens of Singapore

2.1.3. Profess the Sikh faith

2.1.4. Keep unshorn hair and untrimmed beard

2.1.5. Their names appear in the Membership Register

as at 31st December of the preceding year

2.1.6. Not disqualified from standing for elections by

virtue of Section 11 of the Central Sikh

Gurdwara Board Act which states that:

No person shall be elected or appointed or shall continue to

hold office as a member of the Board if:

46

46

• he is an undischarged bankrupt or suspends payment to,

or makes any arrangement or composition with his

creditors;

• he has been sentenced to imprisonment for a term of not

less than 6 months and has not received a free pardon; or

• a resolution is passed at an extra-ordinary general meeting

of those persons whose names appear on the Membership

Register calling for the removal of such member from

office.

All members of the outgoing Council are eligible for re-election.

2.2. NOMINATION PROCEDURES

2.2.1. All nominations of eligible candidates must be

completed using the prescribed Form A attached

and will require a proposer and seconder whose

names appear in the Register of Members and

are eligible to vote.

2.2.2. Any person wishing to offer himself for election

as a member of the Council shall first make a

Declaration in the presence of the President of

the Board in accordance with Form B attached

hereto and such declaration shall be duly

completed before the nomination can be

submitted.

2.2.3. All duly completed Nomination Forms must

reach the Secretary of the Board at least five

calendar days before the date of the Biennial

General Meeting at a time stipulated by the

Secretary.

2.2.4. The Secretary of the Board shall verify the

47

47

eligibility of all the candidates being nominated

for election and that of the proposers and

seconders. Any error or omission in the

Nomination Form will result in the nomination

being rejected.

2.3. ELECTION PROCEDURES

2.3.1. The Council shall comprise 25 members. In the

event there are 25 or fewer nominations

accepted by the closing date, all the nominated

members shall be deemed to have been elected

to the Council

2.3.2. In the event that the elected council comprises

fewer than 25 members, the incoming Council

shall be empowered to co-opt and appoint such

additional members as required from the

Register of Members to bring the number up to

25.

2.3.3. In the event there are 26 or more nominations

and elections are required, an Elections

Chairman shall be appointed to conduct the

elections. The appointed Elections Chairman

shall not be a candidate nominated for elections.

His/her role at the General Meeting shall only

pertain to the elections procedures and related

matters and he/she shall have no role in the other

items on the agenda.

2.3.4. In the preparation of the ballot papers, the

names of the incumbent team (including their

new nominees) shall be listed first, followed

by the names of all other aspiring candidates.

48

48

2.3.5. All voting shall be by secret ballot only and no

proxy voting shall be allowed.

2.3.6. Voting can start at any time after the President’s

Address at the Biennial General Meeting and

shall end at a time stipulated by the Elections

Chairman.

2.3.7. The 25 candidates obtaining the highest number

of votes shall be declared elected. Where two

or more candidates at the cut-off point receive

an equal number of votes, a re-vote shall be

taken in the case of such candidates, and in the

event of a tie after such re-vote, the Chairman

of the meeting shall have a casting vote.

2.3.8. Nominated members are eligible to be elected

into the Council even if they are unable to attend

the Biennial General Meeting.

2.3.9. The outgoing Council shall hold office

throughout the Biennial General Meeting and

the elections process until it hands over its

charge to the newly elected Council within two

weeks after the election results are announced.

49

49

50

50

51

51

52

52

53

53

FOR OFFICIAL USE BY SECRETARY CSGB

RECEIVED : Date: _________ Time : _______

Accepted/ Rejected _____________________

Signature(Secretary CSGB)

Comments: __________________________________________

Full Name: NRIC:

Address: CSGB Membership No:

Singapore

I, the above-named, do hereby accept the nomination for election to the

Council of the Central Sikh Gurdwara Board and submit my nomination

together with the duly completed ‘Declaration’ - Form B.

NOMINEE SIGNATURE: Date:

PROPOSER

Name

NRIC:

Address:

Singapore

CSGB Membership No:

Signature:

Date:

The Nominee must check that this Form is duly and fully completed before

submitting it to the Board’s Secretary. Any error or omission will result in the

nomination being rejected.

SECONDER

Name

NRIC:

Address:

Singapore

CSGB Membership No:

Signature:

Date:

NOMINEE

54

54

CENTRAL SIKH GURDWARA BOARD

DECLARATION FORM FOR ELECTIONS (FORM B)

I, _______________________________________________________

NRIC No. ____________ CSGB Membership No:_______________

of (Address ) _________________ Singapore __________________

Do hereby solemnly and sincerely declare that:

(a) I am not less than 21 years of age

(b) I am a Singapore Citizen

(c) I profess the Sikh faith

(d) I keep unshorn hair and untrimmed beard

(e) My name was in the Membership Register as at 31st December

2010

(f) I am not disqualified from standing for elections by virtue of Sec-

tion 11 of the Central Sikh Gurdwara Board Act which states that:

“No person shall be elected or appointed or shall continue to hold office

as a member of the Council if:

(1) He is an undischarged bankrupt or suspends payment to , or

makes any arrangement or compositioKn with, his creditor

(2) He has been sentenced to imprisonment for a term of not less than

6 months and has not received a free pardon; or

(3) A resolution is passed at an extra-ordinary general meeting of those

persons whose names appear on the Membership Register calling

for the removal of such member from office.”

Signature of Nominee______________________Date______________

Declared in the presence of:

_____________________________

Name & Signature

President, Executive Committee

Central Sikh Gurdwara Board

Date: _______________________

55

Notes:

56

Notes:

Reprinted : July 2013

sYNtrl is`K gurduAwrw borf

inXm Aqy AYkt 1987